The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower judgment (two years of imprisonment) is too unreasonable.

2. The sentencing on the basis of a statutory penalty is a discretionary judgment that takes into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope, on the basis of the statutory penalty.

However, considering the unique area of sentencing in the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction in our criminal litigation law and the nature of the ex post facto review of the appellate court, the first instance sentencing judgment exceeded the reasonable scope of discretion when comprehensively considering the factors and sentencing criteria in the course of the first instance sentencing trial.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the above sentence to the Defendant with due regard to the sentencing stated in its reasoning. The Defendant’s grounds for appeal, which are alleged by the Defendant, are all recognized and against the Defendant; the Defendant’s damage caused by each of the crimes in this case is not significant; the Defendant’s difficult living environment has already been determined by the lower court.

In addition, on December 17, 2017, L, which controls the damage of special property, expressed the intent that the defendant does not want to be punished, but the defendant does not make any effort to recover the damage, and L, which is merely an employee of the victim company and does not want to be punished by the victim company, shall be granted the power of representation.